Environmental Protection Agency

On Sept. 8, 2021, the United States Environmental Protection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (“ANPRM Notice”) addressing possible future regulation of pyrolysis and gasification
Continue Reading EPA Proposes to Regulate Chemical Recycling Pyrolysis and Gasification Units

On April 29, 2021, Administrator Michael Regan announced that EPA plans to add Natural Gas Processing (NGP) facilities to the list of industries subject to Toxics Release Inventory (TRI) reporting
Continue Reading EPA Will Finalize Rule Imposing Toxics Release Inventory Reporting Requirements on Natural Gas Processing Facilities

The incoming Biden Administration intends to take many major environmental policy actions   aimed at climate change, enforcement, environmental justice, and several other issues, many of which entail reversing actions taken
Continue Reading TRANSITION THOUGHTS: What Clean Air Act Permittees Should Track in the Biden Administration

In 2016, the incoming Trump Administration stated its intention to reduce substantially federal environmental regulation. The president issued executive orders requiring two rule repeals for each new rule and directing
Continue Reading Rolling Back Environmental Rollbacks in the New Administration

The ongoing battle over Supplemental Environmental Projects (SEPs) – environmentally-beneficial, beyond-compliance projects that defendants agree to undertake for potential penalty mitigation in settlement of environmental enforcement actions – heated up
Continue Reading New Lawsuit Challenges DOJ Policy Prohibiting SEPs

The Environmental Protection Agency recently announced a final rule rescinding major amendments to the Clean Air Act §112(r) Risk Management Program (RMP) regulations that were promulgated at the end of


Continue Reading EPA’s Final Risk Management Program Reconsideration Rule More In-Step with OSHA’s Process Safety Management Standards

On Sept. 25, Minnesota Gov. Tim Walz asked the Minnesota Pollution Control Agency (MPCA) to initiate the process to establish a Clean Cars Minnesota Rule, which would set both a low-emission vehicle (LEV) standard and a zero-emission vehicle (ZEV) standard. Next month, the MPCA will begin its rulemaking process, with a goal of adopting a final rule by December 2020. If implemented, Minnesota would join 14 states with an LEV standard, 11 of which also have a ZEV standard.

The Minnesota plan is modeled after California LEV and ZEV standards. California has a nearly 50-year-old waiver under the Clean Air Act permitting the state to set stricter emission standards. After indications that the federal government would publish a rule revoking the waiver, California, joined by 22 other states, including Minnesota, and the District of Columbia filed a lawsuit seeking to enforce states’ rights to set emission standards more stringent than those imposed by the federal government. The lawsuit presents novel questions under the Clean Air Act including whether a waiver can be revoked, and if so, under what circumstances. Any final rule in Minnesota will be contingent on states retaining the right to adopt more restrictive measures, including through the operative waiver under Sections 209(b) and 177 of the Clean Air Act.   
Continue Reading In Minnesota, More Little Red Corvettes May Soon be Electric